Changes to th the Use e Cla lasses Order and Permitted - - PowerPoint PPT Presentation

Changes to th the Use e Cla lasses Order and Permitted Development Rig ights

30 Sep eptember 202 2020

In Introduction of

• f New Regulatio

ions

On 21 July, a series of planning measures were laid before Parliament in the hope to deli eliver new homes and revit vitalise town cen centres acr cross Eng England. The measures include a set of amendments to: The Town and Country Planning (General Permitted Development) (England) Order 2015:

• to allow the construction of

additional storeys on some buildings

• to allow the demolition and

redevelopment of certain buildings for residential purposes

• to create three new Use

Classes. Town and Country Planning (Use Classes Order) 1987:

Changes to the Planning “Use Classes Order”

Key Aim ims of

• f th

the Regulatio ions

• The two main aims of the changes are:

➢To help the high street and town centres to provide more space for new businesses by allowing typical high street uses (such as shops, gyms, nurseries and offices) to change between uses without planning perm ermission; ➢To protect "community assets" (such as pubs, music venues and cinemas) by taking them out of the “Classes" and making them "sui generis", meaning that planning permission would be needed to change to a different use.

New Use se Cla lasses

• With effect from 1 September 2020, the new regulations mean that

Use Classes A and D of the existing Order are revoked, providing for thr three new Use Classes: Clas Class E – ‘Commercial, Business and Service’ Clas Class F1 1 – ‘Learning and Non-Residential Institutions’ Clas Class F2 F2 – ‘Local Community’

• The changes will also expand the number of uses classed as “Sui

Generis”

Cla lass E E - ‘Commercial, Business and Service’

• The regulations seek to ‘amend and simplify’ the system of Use Classes

in England by creating a new broad Cla Class ss E - ‘Commercial, Business and Service’. This will replace the following Use Classes: ➢Class A1 - Shops; ➢Class A2 - Financial and Professional Services; ➢Class A3 - Restaurants and Cafes; ➢Class B1 - Business.

• The new Class E will also include gyms, health centres, clinics,

nurseries and day centres.

Cla lass E E - ‘Commercial, Business and Service’

‘This new class allows for a mix of uses to reflect changing retail and business models…Bringing these uses together and allowing movement between them will give businesses greater freedom to adapt to changing circumstances and to respond more quickly to the needs of their communities’. Key Implications: As a result of the creation of Class E, planning permission will not be required for changes of use within this new Use Class (changes of use within Class E will not constitute devel elopment, as oppose to permitted development).

Cla lass F1 - ‘Learning and Non-Resid identia ial Institutions’ and Class F2 -‘Local Community’

• A series of more protected ‘community uses’ have been moved into a new Cla

Class F. ➢Cla Class F1 F1 (e.g. schools, galleries, libraries and places of worship). ➢Cla Class F2 F2 (e.g. essential isolated shops, community halls and outdoor sports facilities) The Government states that the new Use Classes are designed ‘‘…to ensure that those uses which are important to local communities can be protected through the planning system.’’ Key Implic plicati tions: s: By taking certain uses out of the Use Classes Order, some changes of use will soon require planning permission and therefore the Council’s consideration, which they had not needed to obtain previously.

Key y Iss Issues for Halton

• The relaxation of planning controls is not supported by evidence that the need to
• btain planning permission is a significant barrier to business.

➢Th The e ch changes wer ere not subjec ect to prior consultation – earlier consultation having been undertaken about less significant reforms

• Individual shops in the town centre could be left isolated, surrounded by non-

retail uses – the ‘‘offer’’ of our town centres could become diluted. ➢A significant concern is how this change will affect the Council’s ‘‘town centre fi first" planning policies which are designed to protect our town centres and the types of uses allowed.

• There is concern that food retailers could target out of town business parks to

convert properties into supermarkets, a change that will not require planning permission.

Key Opportunit ities for

• r Halton
• The main aims of the reforms to give businesses greater freedom to change to

a broader range of uses is considered to align with the Council’s agenda to support the e reg egeneration of f our town ce centres.

• Stores will have gr

greater fl flexib xibility to adapt thei eir space for delivery centres and pick up and collect facilities, which are all increasingly becoming part of the current retailing model.

• Changes of use to (or from) public houses and hot food takeaways require

planning permission with the result that local pubs can be protected

• The new Use Class F2 (Local community) rec

ecognises the e importance of f small, local shops in meeting the day to day shopping needs of local communities through greater planning controls.

Next xt St Steps

• It is understood that a consolidated version of the new Use Classes Order

regulations will be introduced next year.

• Officers are not aware that the changes ensure that controls are in place for

changes of use close to sites covered by The Control of Major Accident Hazard Regulations (COMAH), where proposals are likely to attract large numbers of people (e.g. a supermarket)

Changes to Permitted Development Rig Rights

Proposed Ch Chan anges to

• Per

ermit itted Develo lopment t Rig ights

Back in March 2020, the Planning for the Future policy paper was published and it was announced that in Summer 2020 the Government would introduced further permitted development rights for building upwards. The Town and Country Planning (General Permitted Development) (England) (Amendment) (No.2) Order 2020 comes into effect on 31st August 2020. It sets out new classes

• f Permitted

Development Rights into Schedule 2 of the GPDO which allow for extending upwards by up to two storeys to certain buildings. The forthcoming changes are intended to provide support to housing delivery and economic recovery.

➢Part 1 of Schedule 2 of the General Permitted Development Order, introduces a new permitted development right (Cl (Class AA). ). ➢This allows for the en enlargement of f a dwelli ellinghouse by the construction of additional storeys on top of the highest existing storey of a dwelling house.

Image source: Urbanist Architecture (2020)

Detached House

En Enla largement of

• f a

a dwell llin inghouse by con

• nstruction
• f

f addit itio ional storey

Image source: Urbanist Architecture (2020)

Terrace house

➢ There are certain restrictions to the new right (Class AA). For instance, development is not permitted if:

THE DWELLINGHOUSE WAS CONSTRUCTED BEFORE 1ST JULY 1948 AND AFTER 28TH OCTOBER 2018. THE OVERALL HEIGHT OF THE NEWLY EXTENDED HOUSE WOULD EXCEED MORE THAN 18M. THE DWELLINGHOUSE WAS SITUATED ON ARTICLE 2(3) LAND OR A SITE OF SPECIAL SCIENTIFIC INTEREST.

• There is a req

equirement for

• r Prior

r Ap Approval l from the Council under the new permitted development right. Factors to consider are: The impacts on the amenity of adjoining premises The external appearance The impacts a taller building may have to air traffic and defence assets The impact the development could have on a protected view.

➢Un Under Part 20 20 of f Sc Sched edule 2 2 of the Order, the new permitted development rights Cla Class AA and AB B will allow the construction of up to two additional storeys above detached and terrace buildings in commercial or mixed use to form self-contained flats. ➢The new permitted development rights applies to spec ecific commercial uses es, for instance Class A1, A2, A3 and B1, or in mixed use e within these uses and mixed use combined with a residential use (Class C3).

Planning Insight (2020, p.15) Planning Insight (2020, p.9)

Detached building (AA) Terrace building (AB)

The cr creation of

• f new dwell

llin ings on

• n top
• p of
• f exis

istin ing com

• mmercia

ial or

• r mix

ixed use ses

➢Under Part 20 of the General Permitted Development Order, the ne new Cl Classes AC C and and AD AD allows the building of new dwelling houses on existing terrace and detached buildings in use as a dwelling house. ➢The maxim ximum he height t of the highest part of the roof of the extended building must not either: ▪ Exceed 18 m for terrace buildings (Class AC); or ▪ Exceed 18m for detached buildings (Class AD)

Detached building Terrace building

Image source: Planning Insight (2020, p.26) Image source: Planning Insight (2020, p.21)

New dwelli linghouses on

• n terrace an

and detached buil ildings in in use se

➢ A requirement under each of the new permitted development rights (Classes AA, AB,AC and AD) is for Prior Approval fr from Loc Local Pl Planning Authority. . Several of the factors to consider are:

Impact on the amenity of neighbouring properties. Impact of the external appearance

• f the building

Transport and highway impacts of the development. The provision of adequate natural light in all habitable rooms of new dwellings. Flood risks and contamination risks in relation to the building.

Clas Class ZA A - Dem Demoli litio ion of

• f

bui buildings an and constructio ion of

• f

ne new hom homes in in the their r pla place

• A ne

new w Permit itted d Develo lopment t righ ght, subject to a Prior Approval process.

• Allows for the demolition of a single detached

building that was used for: ➢office; research and development; light industry; or a free-standing purpose-built block of flats. And allows its replacement with: ➢an individual detached block of flats; or a single detached dwelling house. No No de defau ault lt app pproval l sho hould ld the he Council il fail il to to mak make a de decis isio ion n wi with thin in 8 8 weeks.

Development Not

• t Permit

itted

Class ZA PD rights do do not not ap apply to buildings:-

➢constructed aft fter 31 31 Dec December 198 1989; ➢vacant for less than 6 months; ➢with a footprint of more than 1000sqm; ➢nationally listed; or ➢within a conservation area.

The Replacement Building…

➢Shall not be larger than the footprint of the building it replaces. ➢Can be up to seven metres higher (than the original) to accommodate up to two additional residential storeys. ➢Shall not exceed 18m in height.

18m Up to 2 additional residential storeys

Prio ior Approval – Matters for Con

• nsid

ideratio ion

• Councils are required to have regard to national planning guidance (the

National Planning Policy Framework) on

• nly, and not to local planning polices.
• Any development permitted under Class ZA is subject to agreement of a

Construction Management Plan.

Transport & Highways Flooding risks

Contamination

Design & External Appearance Natural Light Residential Amenity

Key Im Impli licatio ions for

• r Halton
• A large proportion of Halton's housing

stock will be eligible to use the new PD rights to extend upwards.

• Greatest interest (in extending homes

upwards) will likely be in the most affluent areas of the Country, in London and the south east, where the property values are high enough to make these extensions viable.

• The extension above vacant business

buildings for residential purposes may be an attractive way of repurposing office buildings in light of COVID-19 and the shift to greater home working.

Key Im Impli licatio ions for Halton

• The Council will have limited con

control ov

• ver

r the he app ppearance and nd imp mpact cts s of

• f

the he pr prop

• posed extensions.
• Matters for consideration within the Prior Approval process do

do not not inclu lude issues such as: ➢ access to social facilities, shops and play space; ➢ openness of the green belt; ➢ air pollution or the carbon profile of new housing units (with potential implications for the Declaration of a Climate Emergency).

• Environmental campaign group ‘Rights:Community:Action’ along with law

firm Leigh Day have launched a legal challenge to the government’s extension of PD rights.

• Extensions creating additional residential accommodation through these

PD rights are not subject to Section 106 agreements.

• In the event that such changes are considered locally to result in

significantly negative consequences, the Council has the option of restricting the Permitted Development Right in parts of the borough by introducing additional planning controls (an ‘‘Article 4 direction’’), meaning that the changes require planning permission.

Opportunit ity for Questio ions?